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The Iowa Supreme Court set aside the conviction of Nick Rhoades, an HIV-positive Iowan initially sentenced to 25 years in prison after having a one-time sexual encounter with another man during which they used a condom. Learn More »

All government employees are protected by the U.S. Constitution against irrational discrimination based on sexual orientation or gender identity. In addition, some measure of protection already exists under Title VII based on gender, which has been held to include gender identity and expression.

The U.S. Equal Employment Opportunity Commission (EEOC) and several courts have interpreted Title VII to protect LGBT employees. Lambda Legal maintains that the EEOC adjudications regarding Title VII’s coverage should supersede contrary authority that exists in some federal circuits.

HIV & Healthcare

YES, Iowa has a criminal law that punishes people with an HIV diagnosis specifically for nondisclosure of HIV status prior to sexual conduct. A violation of this statute is classified as either a felony or a misdemeanor, depending on the circumstances.

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Has there been at least one HIV-based criminal prosecution—brought under an HIV-specific criminal law or a general criminal law—in this state in recent years?

YES, in recent years, there has been at least one criminal prosecution for HIV nondisclosure in Iowa.

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Does this state have laws that criminalize or enhance the penalties for biting, spitting and/or throwing bodily fluids or substances (such as urine or excrement) if a person has been diagnosed with HIV?

NO, Iowa does not have laws that criminalize or enhance penalties for biting, spitting and/or throwing bodily fluids or substances (such as urine or excrement) if a person has been diagnosed with HIV, but that does not mean the state could not prosecute a person engaged in such activities under general criminal laws or argue for sentence enhancements based on the person’s HIV diagnosis.

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Does this state have criminal laws addressing HIV+ sex workers and/or HIV+ patrons of sex workers?

NO, Iowa does not have laws that enhance penalties for HIV-positive people involved in commercial sexual transactions, but that does not mean that a prosecutor could not argue for an enhanced sentence in such a situation based on the defendant’s HIV-positive status, if the prosecutor has access to that information, or attempt to bring separate charges under an HIV-specific nondisclosure statute or the general criminal laws.

Iowa Cases

HIV criminalization case where an HIV-positive man was sentenced to 25 years in prison and lifetime registration as a sex offender after a one-time sexual encounter in which he used a condom.
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Lambda Legal case in which a legally married same-sex couple in Iowa gave birth to a stillborn baby and was issued a death certificate by the Iowa Department of Public Health with one of the mothers' names removed with correction fluid.
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